Lalande Employment lawyers are dedicated in serving employees who have been terminated and disability claimants who have been wrongfully denied or cut-off their disability benefits. We understand the emotional trajectory of losing your job can often equate the loss of a loved one. Similarly, being wrongfully denied or cut-off long-term disability benefits can be devastating financially, especially for claimants that have financial responsibilities.
If you are an employee that’s been terminated, it’s important that you have your termination package reviewed in order to ensure that enough severance has been paid to you on exit. Too many times we have seen employers try to take advantage of employees during the termination process by offering them too low of a severance package or by coercing them to sign termination papers on the spot.
Unless you have been terminated for just cause or your employment relationship is for a fixed term, your employer is obligated to provide you with reasonable notice of your termination or compensation in lieu of such notice. When we speak of compensation, it’s important to understand that employers cannot contract out of the statutory minimum requirements under the Employment Standards Act. You must be provided with the correct statutory notice, as well as statutory minimum severance and common law reasonable notice which is potentially available to non-union employees in certain circumstances. If you are not provided the appropriate notice, or notice pay, you will have a claim for wrongful dismissal.
We understand that in a climate of uncertainty, it’s difficult to figure out whether or not you’ve been paid the appropriate amount of severance pay, however, each case is ultimately dependent on its own facts. If you’ve been terminated, it’s important that you speak to an experienced Hamilton employment lawyer in order to properly establish that you have been paid proper amounts owed to you. We can advise you of the potential types of damages you may be entitled to, can determine severance alternatives, and discuss relevant strategies and a variety of tax structuring possibilities with you.
No one wants to develop a disability and apply for long term disability benefits. No one wants to take a significant reduction of income. No one wants to suffer a chronic illness, a chronic disease or a serious injury only to struggle financially.
Then, after the stress of facing an uncertain financial future, the emotional struggle of not being able to work, and for many, struggling to make ends meet, many disability claimants must then deal with an overworked adjuster who causes nothing but stress, anxiety and apprehension through each and every telephone call. Calls that are filled with snide comments and subtle suggestions of malingering or even worse, commenting that is their opinion that you can work. Adjusters who are not doctors, yet given the power to make decisions to approve, deny, or cut off your disability benefits, they often act like it.
If this sounds like a situation similar to yours, you are not alone. Since 2003, we have represented hundreds of disability claimants who have been wrongfully denied or cut-off their disability benefits only at this point, they are in a worse place financially than they were prior to the onset of their disability.
We have represented claimants against Manulife, Sunlife, Great-West Life, SSQ, RBC and all major insurance carriers in Ontario, and have recovered millions in wrongfully denied short-term and long-term disability benefits. Remember ? being denied or cut-off your disability benefits is not the end of the road. Call us at?905-333-8888?or?fill in a contact form today. Disability consultations are ALWAYS FREE, no matter how long the discussion takes.
We know two things for certain – being unexpectedly fired from your job or being cut-off your long-term disability benefits can seriously derail your financial well-being.
Being denied or cut-off long-term disability benefits can be financially devastating for claimants and their families. You paid the premiums, and you expected your insurance company to pay if you got sick or hurt – and not their not. Call us directly to discuss your disability case. We will take the time you need to discuss your situation. If you have lost your job, do not sign anything before speaking to a qualified Hamilton employment lawyer. If you have been wrongfully denied or cut-off your disability benefits we can help. If you suffer from a chronic illness or serious injury, we can help. We have represented claimants against all major insurance carriers in Ontario, and have recovered millions in wrongfully denied short-term and long-term disability benefits. Remember, being denied or cut-off your disability benefits is not the end of the road. Contact us today by filling in a contact form . Disability consultations are ALWAYS FREE, no matter how long the discussion takes.About Matt Lalande
Our Hamilton Employment Lawyers provide counsel on all legal aspects of terminations. Unlike the US, where many States have adopted the “termination-at-will rule” which permits an employer to discharge an employee without notice and without cause (unless the duration of the employment relationship is specified in an employment contract) our Courts have rectified this imbalance years ago and interjected equality into the employer-employee relationship.
Instead, employers in Ontario must provide employees with notice of their termination. What does this mean? Absent any contractual provisions to the contrary, employment can be terminated by an employer at any time but that employer needs to provide that employee with reasonable notice of his or her termination. More often than not, employers will pay employees with payment in lieu of notice. In determining reasonable notice, there is no fixed formula but only guidelines enunciated by our courts.
What we do know is that employees are to be protected. When reasonable notice is not provided, then the employee has a case for wrongful dismissal. The employee has a full right to seek damages against the employer. Accordingly, in determining the appropriate damages for a wrongful dismissal, the courts will determine what notice period the employee was entitled to and then subtract from the remuneration which the employee would have earned during the notice period the income actually earned in the period.
If you been terminated it’s important to speak to Hamilton employment lawyer to determine whether or not your compensation exit package is appropriate and satisfactory. It’s important that you obtain legal advice to determine whether your due compensation for salary and fringe benefits during the notice period is acceptable.
A major part of our law practice is representing claimants that have been denied disability benefits. Over the years, our disability law firm has seen, countless times, the hardship and emotional distress created when individuals are not able to work, then wrongfully cut off or denied their long-term disability benefits. The stress and the financial burdens that follow the denial of benefits no doubt has a cumulative impact that often leads to major financial hardships. If you suffer from a chronic illness or disability, such as cancer, rheumatoid arthritis, severe scoliosis, mental illness, depression, anxiety, bipolar disorder – or any disorder that prevents you from working and, you have been cut off your disability benefits call us today.
We understand that financial burdens could add up quickly. Most long-term disability plans only provide 60% to 66% of one’s income if they can’t work, which is barely enough to maintain their pre-disability lifestyle to begin with. Now, for a person the can’t work and does not have those benefits to rely on, life can become quickly devastating.
We understand. If you been wrongfully denied your disability benefits, we are here to help fight for your rights and protect your interests through this difficult process.